Article 6 - Enforcement

California Public Resources Code — §§ 42425-42425.4

Sections (5)

Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.

(a)Within 24 months of the effective date of regulations pursuant to Section 42420.2, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered batteries for each producer.

(b)A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered battery is in compliance with this chapter.

(c)(1) A retailer, importer, or distributor shall monitor the department’s internet website to determine if a producer, brand, or covered battery is in compliance with this chapter for that brand of covered battery.

(2)Except as provided in subdivision (d), on and after the date a stewardship plan is approved by the department pursuant to Section 42422.5, a retailer, importer, or distributor shall not sell, distribute, offer for sale, or import a covered battery in or into the state for sale in the state unless the producer of the covered battery is listed as in compliance pursuant to this section for that brand and covered battery.

(d)(1) Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer for sale, import, or distribute a

covered battery if, on the date the retailer or distributor sells or offers for sale the covered battery in or into the state, the producer, brand, or covered battery was listed as compliant on the department’s internet website.

(2)Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any existing inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.

(e)(1) If the department determines a producer is not in compliance with this chapter, the department shall remove the producer, along with its brands and covered batteries, from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).

(2)The department

shall relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with this chapter.

§ 42425.1

Amended by Stats. 2023, Ch. 131, Sec. 196. (AB 1754) Effective January 1, 2024.

(a)The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed ten thousand dollars ($10,000) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than fifty thousand dollars ($50,000) per day. The department shall establish, through regulations adopted by the department pursuant to Section 42420.2, a process that shall include an informal hearing process by which the penalties will be assessed.

(b)The department shall deposit all penalties

collected pursuant to this section into the Covered Battery Recycling Penalty Account, which is hereby created in the Covered Battery Recycling Fund. These moneys shall be available for expenditure upon appropriation by the Legislature.

(c)This chapter does not limit or restrict the Department of Toxic Substances Control’s enforcement authority pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and its implementing regulations.

(d)The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.

§ 42425.2

Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.

(a)Upon a written finding that a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may, after affording the entity a reasonable opportunity to respond to, or rebut, the finding, take any of the following actions to ensure compliance with the requirements of this chapter:

(1)Revoke the program operator’s stewardship plan approval or require the program operator to resubmit the plan.

(2)Remove the producer, along with its brands and covered batteries from the

department’s list of compliant producers, as specified in Section 42425.

(3)Impose additional compliance reporting requirements.

(4)Post the noncompliant entity onto a list of noncompliant entities.

(b)If a stewardship plan is revoked pursuant to paragraph (1) of subdivision (a) or terminated by the program operator that submitted the plan, a producer no longer subject to that plan may, without being subject to administrative civil penalties pursuant to Section 42425.1, sell or offer for sale covered batteries in or into the state for a period of up to one year after the stewardship plan was terminated or revoked if the producer continues to operate under the most recent approved stewardship plan to which the producer was subject.

§ 42425.3

Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.

(a)A producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site shall do both of the following:

(1)Upon request, provide the department with reasonable and timely access, as determined by the department, to its facilities and operations, as necessary to determine compliance with this chapter.

(2)Upon request, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with this chapter.

(b)The records required by this chapter shall be maintained and accessible for three

years. All reports and records provided to the department pursuant to this chapter shall be provided under penalty of perjury.

(c)(1) The department may impose administrative civil penalties pursuant to Section 42425.1 on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that fails to provide the department with the access required pursuant to this section.

(2)The department may post a notice on the department’s internet website that is maintained pursuant to Section 42425 that a producer that fails to provide the department with access pursuant to this section, along with the producer’s brands and covered batteries, is no longer in compliance with this chapter.

§ 42425.4

Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.

After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid civil penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to,

a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.